Another reason Dyncorp sucks...

onebdzee

off the shelf
I'm curious about this. Can you provide a link to reference both the other position and rehab?

rehab:

Reasonable accommodation efforts, such as allowing time off for medical care, self-help programs, etc., must be extended to rehabilitated drug addicts or individuals undergoing rehabilitation.

Working Partners for an Alcohol- and Drug-Free Workplace


resonable accomodations(other position):
ENFORCEMENT GUIDANCE: REASONABLE ACCOMMODATION AND UNDUE HARDSHIP UNDER THE AMERICANS WITH DISABILITIES ACT
 

onebdzee

off the shelf
Thanks. That's only for individuals with disabilities, not someone who tested positive on a piss test. I don't think it applies in OPs case.

If I'm not mistaken, I believe that drug and alcohol use are considered an addition, therefore they are considered a disability....Just as IBS or obesity are considered disabilities now

The term "disability" means an individual has a physical or mental impairment that substantially limits one or more of his/her major life activities or there is a record of such an impairment or an individual is regarded as having such an impairment.
^--second line of the first paragraph

I believe that it if the person has been employed past the probationary period....the employer has to suspect drug use and/or give a random test....if the employee comes up positive, they have the option of taking the test again within a certian time frame(I think it's within 72 hours), just to be sure that it's not a false positive

After the employee fails the test, the employer has to offer time off for the employee to get treatment....if the employee refuses treatment and/or the second test, the employer can terminate
 

BernieP

Resident PIA
The story kind of turns when weed comes into the picture.
It's not a debate, you know they test, you know you aren't suppose to use it, so don't be suprised when you get into trouble for failing a piss test.
Don't complain about the "ultra-conservative" attitudes, it's not an attitude, it's the law - you broke it.
 

shopaholicgrl

New Member
It never pays to burn your bridges friend. Unfortunately your opening yourself up for termination...which is maybe what you wanted....by bad mouthing your current/previous place of employment...but hopefully that doesn't burn you for the future. Good luck! Maybe what your seeing a bad is really a turning point & might lead to good things. No one personally went out to harm you & your boss probably tried to find you something...so blaming he/she really doesn't help anyone. Often its the corporation. Being a supervisor myself, I know that often times you try to do the best for your employee(s) & want to help but sometimes the company doesn't leave you room to do so.


With my condition I dont need to be working on planes anyhow. Im sorry if I offended anyone by ##### bout being out for only two weeks. Weve been wanting to get out of here anyhow, so i think this that opprtunity. Like I said I just figured Id share the story with everyone so someone might bennifit from it somehow...
 

TurboK9

New Member
If I'm not mistaken, I believe that drug and alcohol use are considered an addition, therefore they are considered a disability....Just as IBS or obesity are considered disabilities now

Yup, mistaken. It only protects former 'clean' addicts who have gone to rehab, or an employee that is going to rehab. It does not cover casual use.

The ADA does not protect casual drug users; but individuals with a record of addiction, or who are erroneously perceived as being addicts, would be covered by the guidelines.


Now put down the doobie and read the link you posted. :lmao:
 

onebdzee

off the shelf
Yup, mistaken. It only protects former 'clean' addicts who have gone to rehab, or an employee that is going to rehab. It does not cover casual use.




Now put down the doobie and read the link you posted. :lmao:

I guess I misunderstood the guidelines....what does "who are erroneously perceived as being addicts" mean?

If the OP was popped on a piss test, he is preceived as an addict by his employer because he failed the test, right?

and yes, there is a reason that I am trying to get all of this straight....Bachelors in Business Administration with HR management(Masters in HR management)

Oh....I don't smoke that crap....I use to and all it did was make me really tired
 

tomcatter

Professional Hater
Dude you smoke weed and work on multimillion dollar aircraft in hazardous enviroment at that, come on, zero tolerance to drugs. Your not an 18 year old who doesn not know better. I would let you go also, we dig our own graves.

I dont smoke at work, I have no desire to. It would suck. Its funny when you think about it, how many come to work hungover from pounding a few too many the night before and thats perfectly legal and ok. I know from personal experience when I was a supervisor in the Navy the impairment that comes from that. There is no level of impairment after at least 6 hours. Smoke one at night, and your fine the next day. Anyhow, as I said before, I wasnt trying to start another weed thread.
Anywho, Im done with this one.
That is all...
goodbye SOMD.com
 

Baja28

Obama destroyed America
I dont smoke at work, I have no desire to. It would suck. Its funny when you think about it, how many come to work hungover from pounding a few too many the night before and thats perfectly legal and ok. I know from personal experience when I was a supervisor in the Navy the impairment that comes from that. There is no level of impairment after at least 6 hours. Smoke one at night, and your fine the next day. Anyhow, as I said before, I wasnt trying to start another weed thread.
Anywho, Im done with this one.
That is all... goodbye SOMD.com
Awwww.....Somebody got their wittle, stwoned feewings hurt. You forgot the...

:SLAM:
 

Baja28

Obama destroyed America
If the OP was popped on a piss test, he is preceived as an addict by his employer because he failed the test, right?
No. He failed the test and broke company policy (and the law). He can be fired on the spot. He's not entitled to rehab (from his employer) at all.

In fact in a job such as working on aircraft, this would bring all prior work he's done under scrutiny.
 

TheOne

New Member
If I'm not mistaken, I believe that drug and alcohol use are considered an addition, therefore they are considered a disability....Just as IBS or obesity are considered disabilities now

^--second line of the first paragraph

I believe that it if the person has been employed past the probationary period....the employer has to suspect drug use and/or give a random test....if the employee comes up positive, they have the option of taking the test again within a certian time frame(I think it's within 72 hours), just to be sure that it's not a false positive

After the employee fails the test, the employer has to offer time off for the employee to get treatment....if the employee refuses treatment and/or the second test, the employer can terminate
ADA does not have a provision for substance abuse. And for someone to claim ADA their disability cannot change what their job descriptions require. If someone is required to perform at heights aperson cannot request accomadation throught the ADA. That and no employer is required to help an employee if their drug use is found through a random drug test.
 

Jigglepuff

Chin Jiggla!
I dont smoke at work, I have no desire to. It would suck. Its funny when you think about it, how many come to work hungover from pounding a few too many the night before and thats perfectly legal and ok. I know from personal experience when I was a supervisor in the Navy the impairment that comes from that. There is no level of impairment after at least 6 hours. Smoke one at night, and your fine the next day. Anyhow, as I said before, I wasnt trying to start another weed thread.
Anywho, Im done with this one.
That is all...
goodbye SOMD.com

I wish you the best good sir. Stay off that weed....and I hope you never have another seizure.

Praise jebus!! Can I get an AMEN!!

Hallelujah!!
 

TurboK9

New Member
I guess I misunderstood the guidelines....what does "who are erroneously perceived as being addicts" mean?

If you have been to rehab, and are clean, but say, have track marks... they may think you are an addict when you no longer are.

If the OP was popped on a piss test, he is preceived as an addict by his employer because he failed the test, right?

No. You are only an addict if diagnosed as an addict, or admit to being an addict prior to the pop. Addiction comes with certain signs. Being a casual user is not one of them. Besides, every reeferhead I know says it isn't addictive :lmao:

and yes, there is a reason that I am trying to get all of this straight....Bachelors in Business Administration with HR management(Masters in HR management)

:yay: Right on.

Oh....I don't smoke that crap....I use to and all it did was make me really tired

:yay:
 

itsbob

I bowl overhand
. Anyhow Im starting packing up today, so we can go stay with family in Richmond. Think Im gonna use my GI Bill and go back to school so I can try to get a job that dosent require me to be a mechanic anymore.

BRILLIANT!!

Why did you wait this long?
 

itsbob

I bowl overhand
Because the American's with Disabilities Act is so confusing(to me) concerning his failed piss test and he wanted to make sure he was fired before he actually left :lmao:

Yeah, I went back and read the rest of the thread..

Horticulture is a major.. then he can grow his own..
 
Top